TEXAS ETHICS COMMISSION
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TEXAS ETHICS COMMISSION |
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May 6, 2005
Whether a former elected officeholder may use unexpended political contributions to make expenditures in connection with his current non-elected position at a state agency. (AOR-523)
A former elected statewide officeholder has asked the Texas Ethics Commission whether he may use unexpended political contributions to make expenditures in connection with his current non-elected position at a state agency.
Title 15 of the Election Code prohibits the conversion of political contributions to the personal use of a candidate or officeholder. Elec.Code § 253.035. “Personal use” is defined for purposes of this provision as “a use that primarily furthers individual or family purposes not connected with the performance of duties or activities as a candidate for or holder of a public office.” Id. § 253.035(d).
The requestor currently holds a non-elected position at a state agency. The personal use provision allows the use of political funds to pay for costs connected to the activities and duties of a “holder of a public office.” We have interpreted that phrase to apply to holders of public offices generally, not just elected public offices. Ethics Advisory Opinion No. 279 (1995). Consequently, the requestor may use unexpended political contributions to make expenditures in connection with his current non-elected position at a state agency.
A former elected statewide officeholder may use unexpended political contributions to make expenditures in connection with his current non-elected position at a state agency.